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Download e-book for iPad: Law for Journalists by Frances Quinn

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Extra resources for Law for Journalists

Sample text

For example, someone who injures another as a result of dangerous driving may be prosecuted for the crime of dangerous driving, and sued in the civil courts by the person injured. Criminal and civil law use completely different sets of terminology, and it is important to know which terms apply to which area of law. Not only does it look ill-informed if you refer to, for example, being found guilty of negligence, it could potentially even be libellous, since you would be suggesting that someone had committed a criminal offence, when in fact negligence is a civil wrong, which is generally considered less serious.

How much can you report? See pp. 68–84 and p. 194) Powers of arrest The main police powers of arrest are contained in the Serious Organised Crime and Police Act 2005. Arrests can be made when a police officer reasonably suspects that someone has committed, is committing or is about to commit an offence, and the police officer has reasonable grounds to believe that an arrest is necessary. This will be the case where: ■ the suspect refuses to give a name or address, or the officer reasonably believes the one given is false; ■ the arrest will prevent the suspect from suffering physical injury, harming himself or herself, someone else, or property, committing an offence against public decency, or obstructing the highway; ■ the arrest is needed to protect a child or other vulnerable person; ■ the arrest will allow the prompt and effective investigation of the offence or the suspect’s conduct; ■ arrest is needed to prevent the person from escaping.

How much can you report? See pp. 64–84 and p. 126) ■ Stage 2: prosecution Once the investigation is complete, the Crown Prosecution Service (CPS) decides whether to prosecute the suspect, drop the case or issue a caution (in some minor cases, this decision is made by the police). A caution is a formal warning, and can only be given where the defendant admits guilt and there would be a realistic prospect of a successful prosecution. It is not, as popularly thought, a kind of get-out clause that can be used when the police think they cannot prove their case, or when the suspect might not be guilty of the particular offence in question but is thought to be a bad lot generally.

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